2010 (10) TMI 1117

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.... Per D.C. Agrawal, Accountant Member. This is an appeal filed by the Revenue raising following ground:- (1) Whether the CIT(A) has erred in law and on facts in deleting the penalty levied under section 271(1)(c) of the Act in respect of concealment of income identified during the course of survey and supported by incriminating documentary evidence in possession of the department which ....

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....isclosure was reflected in the return of income filed on 29.10.2007 declaring total income at Rs. 13,75,100/-. The assessment was completed under section 143(3) on the same income of Rs. 13,75,100/-. The AO initiated penalty proceedings and treated the sum of Rs. 95 lacs as concealed income on which tax was worked at Rs. 31,97,700/-. The AO levied the penalty being 100% of such alleged tax sought ....

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....d the parties and carefully perused the material on record. In our considered view there is no case of levy of penalty. In a similar case in ITA No.1482/Ahd/2010 Asst. Year 2006-07 in Dy. CIT vs. Dr.Satish B. Gupta, pronounced on 6/8/2010, the Tribunal while deciding the issue has observed as under :-  "10. Our view that no penalty is leviable if impugned amount is disclosed in the r....

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.... for concealment is levied, are deleted, there remains no basis at all for levying penalty for concealment. No penalty would survive if addition did not survive. In CIT vs. Arthanariswamy Chettiar (S.S.K.G.) (1982) 136 ITR 145 (Mad) Hon. Madras High Court held that penalty can be imposed with reference to the concealment done in the original return filed under section 139. In the case of Sulemanji....